News and Events for Attorneys and Executives

Insurance

How Do Additional Insured Obligations Work with Subcontract Flow-Down Clauses?

Insight
In his Commonsense Construction Law blog, Stan Martin asks the question “How do additional insured obligations work with subcontract flow-down clauses.” And he answers it with one word: “They don’t.”

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When Is a Mixed Insurance Contract a Maritime Contract?

When Is a Mixed Insurance Contract a Maritime Contract?

Insight
Whether a mixed insurance contract (i.e., an insurance contract with maritime and non-maritime elements) permits the exercise of admiralty jurisdiction is a complicated question for parties and for the courts, according to a Montgomery McCracken Walker & Rhoads LLP alert.

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Judge Blocks $54 Billion Anthem-Cigna Health Insurance Merger

News
A federal judge blocked the $54 billion merger between health insurance giants Anthem and Cigna, saying the deal would increase prices and reduce competition, according to a report by The Washington Post.

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Protecting Your Event with Contracts and Insurance

Insight
Attorney Barbara Dunn O’Neal and Lance Ewing, executive vice president Global Risk Management & Client Services at Cotton Holdings Inc., recently discussed some of the basics of contract drafting when they spoke at a meeting of professional meeting planners.

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Federal Court Dismisses Insurer’s Claims Seeking Tens of Millions of Dollars in Damages

News
The lawsuit sought more than $40 million in damages for an alleged shortfall in reinsurance collateral and claims relating to the issuance of various workers’ compensation policies.

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Federal Court Dismisses Insurer’s Claims Seeking Tens of Millions of Dollars in Damages

News
A federal judge has dismissed claims brought by a South Carolina insurance company against Texas-based insurance agency Highpoint Risk Services and its owner, Charles David Wood, Jr.

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Trial Lawyer Jay Old Joins Texas-based Hicks Thomas LLP

Trial Lawyer Jay Old Joins Texas-based Hicks Thomas LLP

News
Veteran trial lawyer Jay Old has joined commercial litigation firm Hicks Thomas LLP where he will continue to represent construction, insurance, petrochemical and health care companies as part of his client portfolio.

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New e-Posting Regulations, Featuring Locke Lord LLP – Webcast

New e-Posting Regulations, Featuring Locke Lord LLP – Webcast

Event, Dec. 13, 2 p.m. EST
Intended to improve the process of buying insurance for consumers, there have been recent updates to laws that allow insurance companies to post policies, forms, and endorsements on a website rather than printing these documents on paper.

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Dykema’s Eduardo Espinosa Appointed Trustee in Life Partners Reorganization

News
Eduardo Espinosa, a member with law firm Dykema, has been appointed trustee for the Position Holders Trust as part of Life Partners Holdings Inc.’s Chapter 11 Plan of Reorganization.

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In Contracts, What a Difference a Word Makes

In Contracts, What a Difference a Word Makes

Insight
Larry P. Schiffer of Squire Patton Boggs describes a recent case that illustrates his point that legalese and unnecessary words can cause a trier of fact to interpret a clause in a way that is unexpected.

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Exclusion For ‘Assumption Of Liability in Contract’ Does Not Apply to Breach of Professional Services

Insight
The Northern District of California ruled that a professional liability policy that excluded the insured’s “assumption of liability obligations in a contract or agreement” did not extend to breach of warranty or false advertising claims arising out of a genetic data testing company’s marketing and sale of a personal genome service, reports Mary McCutcheon of Farella Braun + Martel LLP.

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New York Proposes Cybersecurity Regulation for Insurance Companies, Banks, Financial Institutions

New York Proposes Cybersecurity Regulation for Insurance Companies, Banks, Financial Institutions

Insight
If enacted, this change would bring the first statewide regulation mandating that insurance companies, banks, and other financial institutions create such a program, reports Jason O. Balogh, a partner with Hickey Smith LLP.

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Andrew Kopon, Jr. Named President-Elect of International Association of Defense Counsel

Andrew Kopon, Jr. Named President-Elect of International Association of Defense Counsel

News
Andrew Kopon, Jr., a founding member of Kopon Airdo, LLC, has been elected president-elect of the International Association of Defense Counsel (IADC) for the 2016-2017 term. The IADC is a global legal organization for attorneys representing corporate and insurance interests.

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Additional Insured By Written Contract Clause Construed to Bar Coverage

Insight
The language of an additional insured clause may make all the difference as to whether a party is covered as an additional insured or not, writes Larry P. Schiffer in Squire Patton Boggs’ Insurance and Reinsurance Disputes blog.

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Additional Insured By Written Contract Clause Construed to Bar Coverage

Insight
New York courts will interpret insurance policies based on the plain meaning of the words used by the parties and will not alter the contracts for equitable reasons if the language is clear and unambiguous, writes Larry P. Schiffer of Squire Patton Boggs.

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Beware of the Tax Traps of Employer-Owned Life Insurance Contracts

Beware of the Tax Traps of Employer-Owned Life Insurance Contracts

Insight
In closely held businesses, it is common practice to provide for the succession of the business upon the death of an owner, writes Mitchell Goldberg of Berger & Singerman.

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Continuing Bad Faith: Theory of Liability or Rule of Evidence?

Insight
When a bad faith lawsuit converts the quasi-fiduciary relationship with the policyholder into an adversarial one, how does a policyholder lawsuit affect the insurer’s duty of good faith? And, how does the insurer’s duty of good faith affect the lawsuit?

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Avoid Nullification of Contractual Indemnity Protection

Avoid Nullification of Contractual Indemnity Protection

Insight
Because of unforeseen risk, additional insured endorsements have been revised to link contractual indemnity obligations to additional insured coverage, writes James J. Buldas of Pietragallo Gordon Alfano Bosick & Raspanti LLP.

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Increasing Use of Cyber Insurance Requirements in Contracts

Insight
Insurance requirements are common in commercial contracts, and many contracts now include a sub-clause regarding cyber insurance, write Branwen Buckley and Corby J. Baumann of Thompson Hine.

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Insurance, Indemnification, and Limitation of Liability Provisions in Business Contracts

Insight
“Fundamentally, the purpose of insurance, indemnification, and limitation clauses is to allocate risks,” writes Kenneth Gorenberg of Barnes & Thornburg LLP.

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